City of Aliso Viejo

ACCOMMODATIONS

If you or the class participant require special accommodation due to a disability or medical condition, include a written statement explaining the requested accommodation, and the City will endeavor to accommodate you. Additional documentation may be requested by the City. Please contact the Recreation & Community Services Department at 949-425-2550 or by email [email protected].

WAIVER & RELEASE OF LIABILITY

In consideration of participation in the City’s sponsored programs, classes, and/or events (collectively the “Program”), I (we), the undersigned, recognize, agree, and acknowledge as follows: (1) Participation in the Program is voluntary; (2) I (we) will follow and abide by the rules, regulations, guidelines, and Participant Code of Conduct; (3) the individual participating in the Program (the “Participant”) is in good health (i.e., physically able to participate in the Program without restrictions and has no medical condition that would or may cause participation to be potentially hazardous to his or her health (a “Medical Condition”)); (4) I (we) will, upon City request, timely furnish any medical documentation reflecting Participant’s health at my (our) sole expense; (5) failure to disclose Participant’s Medical Condition(s) authorizes the City, in its sole discretion, to terminate Participant’s participation in the Program with no refund or reimbursement to me (us); (6) there is a real possibility that Participant could be seriously injured while participating in the Program; (7) I (we) assume all risks associated with Participant’s participation in the Program.

Participant acknowledges the inherent and potential dangers of participating in the Program and expressly waives and voluntarily assumes all risk of personal injury or death which may be sustained while participating. I (WE) RECOGNIZE THAT REGISTRATION IN THE PROGRAM IS DANGEROUS AND CONTAINS RISK OF PERSONAL INJURY, DEATH, DISABILITY, PROPERTY DAMAGE, OR OTHER LOSS. I ASSUME ANY AND ALL RISKS associated with my or my child’s participation in the Program, including, but not limited to, strenuous physical activity or exertion; striking or being struck by objects or persons; slipping; exposure to communicable diseases and illnesses (including but not limited to COVID-19); and exposure to heat, cold, or humidity. Such risk may result in injuries and illnesses that include but are not limited to: sprain, strain, or tear of muscles or ligaments; fracture, breaks, or dislocation of joints or bones; head or facial injuries; spinal cord or internal injuries; and viral or bacterial infections. I know that the risks, hazards, and dangers also include, but are not limited to, falling, slipping, and colliding with other users, staff, or spectators. I understand that these risks, hazards, and dangers are further increased when other persons, whether or not of the same level of experience, are present at the same time and/or using the same facilities.

ALL SUCH RISKS ARE KNOWN AND APPRECIATED BY ME.

I hereby release, discharge, and agree not to sue the City of Aliso Viejo, Capistrano Unified School District, Aliso Viejo Community Association (AVCA), and all of their officers, agents, employees, and volunteers from any and all duty to me, for any injury, illness, death, or damage to or loss of personal property arising out of, or in connection with, my participation in the Program from whatever cause, including the active or passive negligence of City of Aliso Viejo, Capistrano Unified School District, Aliso Viejo Community Association (AVCA), any of their officers, agents, employees, or volunteers, or any other participants in the Program. I (We) understand that this Waiver and Release of Liability (“Release”) is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision. This Release extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I (We) expressly waive and relinquish all rights and benefits afforded by Section 1542 of the California Civil Code and do so understanding and acknowledging the significance of such specific waiver of Section 1542, which states in full: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I (We) waive and voluntarily assume all risk of personal injury which may be sustained while participating in the Program. The laws of the State of California shall govern this Release. The undersigned hereby acknowledge to be lawful parent(s) and/or guardian(s) of the Participant and acknowledge(s) my/our qualifications to sign this Release on behalf of the Participant.